Berger v. American National Fire Insurance

Appellate Division of the Supreme Court of New York

Berger v. American National Fire Insurance

281 A.D. 801, 119 N.Y.S.2d 468, 1953 N.Y. App. Div. LEXIS 3328

Appellate Division of the Supreme Court of the State of New York·Decided January 14, 1953·Published·Cited by 1 cases

Opinion

Order insofar as appealed from reversed on the law, with $10 costs and disbursements, and motion denied, with $10 costs. Memorandum: The Legislature has provided that the regulation of the practice pertaining to bills of particulars shall be by court rules. (Civ. Prac. Act, § 247.) We find nothing in the court rules which precludes a party or its attorney to allege its particulars on information and belief where, as here, the sources of his knowledge are set forth in the verification. All concur. (Appeal from part of an order amending a bill of particulars.) Present — Taylor, P. J., MeCurn, Vaughan, Piper and Wheeler, JJ.

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Order insofar as appealed from reversed on the law, with $10 costs and disbursements, and motion denied, with $10 costs. Memorandum: The Legislature has provided that the regulation of the practice pertaining to bills of particulars shall be by court rules. (Civ. Prac. Act, § 247.) We find nothing in the court rules which precludes a party or its attorney to allege its particulars on information and belief where, as here, the sources of his knowledge are set forth in the verification. All concur. (Appeal from part of an order amending a bill of particulars.) Present — Taylor, P. J., MeCurn, Vaughan, Piper and Wheeler, JJ.

Berger v. American National Fire Insurance, 281 A.D. 801, 119 N.Y.S.2d 468, 1953 N.Y. App. Div. LEXIS 3328 (N.Y. Ct. App. 1953).

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